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HomeMy WebLinkAboutSD-13-22 - Decision - 1075 Hinesburg Road#SD-13-22 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING RYE ASSOCIATES LLC - 1075 HINESBURG ROAD PRELIMINARY PLAT APPLICATION #SD-13-22 FINDINGS OF FACT AND DECISION Preliminary plat application #SD-13-22 of Rye Associates to subdivide an 18.01 acre panel into 30 lots for development of: 1) 36 single family dwellings, 2) four 4-unit multi -family dwellings, and 3) a 5,000 sq. ft. general office building, 1075 Hinesburg Road. The Development Review Board held a public hearing on September 3, 2013, October 15, 2013, December 17, 2013, January 21, 2014, and February 4, 2014. Greg Rabideau & Dave Marshall represented the applicant. It is noted here that this project also needed master plan approval, and that application, #MP-13-01, was approved by the DRB on February 4, 2014. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. The applicant, Rye Associates LLC, seeks preliminary plat approval to subdivide an 18.01 acre panel for development of: 1) 36 single family dwellings, 2) four 4-unit multi -family dwellings, and 3) a 5,000 sq. ft. general office building, 1075 Hinesburg Road. 2. The owner of record of the subject property is Rye Associates, LLC. 3. The application was received on June 21, 2013 4. The subject property is located in the Southeast Quadrant Neighborhood Residential & Village Commercial Zoning Districts. 5. The plans submitted consist of a 40 page set of plans, page two (2) entitled, "Subdivision Plat Rye Meadow P. U. D. 1075 Hinesburg Road South Burlington, VT", prepared by Civil Engineering Associates, Inc., dated May 23, 2013, and last revised on 1/24/14. 6. Master Plan application #MP-13-01 was approved by the DRB on February 4, 2014. For purposes of judicial clarity and economy, decisions on master plans and preliminary plats are separate and distinct. Matters relevant only to Master Plan approval for this project will not be repeated here; matters relevant to both may also be included here to help all parties move forward toward final plat approval. SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc O SD-13-22 NNAIVER REQUESTS As a part of this application, the following waiver requests were submitted on 1/14/14: 1. Section 3.06(C) Setbacks and Buffers, Yards Abutting a Planned Street. See review under SEQ Residential Building Standards. 2. Section 9.07(B)(2) All residential lots created on or after the effective date of this bylaw in any SEQ subdistrict shall conform to a standard minimum lot width to depth ratio of one to two (1:2), with ratios of 1:2.5 to 1:5 recommended. See review under SEQ NR Subdistrict. 3. Section 9.11 D. (4) Parking Notwithstanding the provisions of Article 13 of these Regulations, each nonresidential use shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in conformance with Section 13.1(N)(3). See review under Parking, SEQ-VC. 4. Section 13.01 Off Street Parking and Loading. See review under SEQ-NR Parking. 5. All the appendix Table C-2 Dimensional Standards requested except (J). DENSITY AND TRANSFERABLE DEVELOPMENT RIGHTS The base density of the parcel generated by the land at 1.2 units per acre, based on 18.01 acres, is 21 units. Up to 60 units could be permitted under Chapter 9 of the LDRs in the Neighborhood Residential sub -district under the Transfer of Development Rights program. Similarly, up to 21 units could be permitted in the Village Commercial sub -district with a Transfer of Development Rights. No dwelling units are proposed in the VC district, only commercial buildings. The applicant proposes 52 new dwelling units, for a proposed density of approximately 2.9 units per acre. This requires 31 transferable development rights (52 proposed — 21 'base level' = 31). In order to ensure that these 31 TDRs are actually available, the applicant must submit legal documents confirming options to purchase these development rights for review by the City Attorney prior to final plat approval. The applicant must also submit legal documents showing clear ownership of all of the remaining 31 development rights to the City Attorney for approval prior to issuance of zoning permits for any units beyond the 21 allowed by the property's inherent, base level density. ZONING DISTRICT & DIMENSIONAL REQUIREMENTS Table 1. Dimensional Requirements SEQ-VC Zoning District Required Proposed * Min. Lot Size 40,000 SF See waiver request Max. Building Height 40 ft. 28 ft. / TBD (1) Max. Building Coverage 15% <15% for PUD per Master 2 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 Plan Approval Max. Overall Coverage 30% <30%for PUD per Master Plan Approval Min. Front Setback 20 ft. 4Min. Front Setback (Hinesburg Road) 50 ft. + 7 ft. 23' per Master Plan Approval 4 Min. Side Setback 10 ft. > 10 ft. 4 Min. Rear Setback 30 ft. > 30 ft. Table 1. Dimensional Requirements SEQ-NR Zoning` District J Required I Proposed * Min. Lot Size 12,000 SF* See waiver request Max Building Height 45 ft./ 28 ft. 28 ft.(1) 4Max. Building Coverage 15% <15% for PUD per MP Approval 4 Max. Overall Coverage 30% <15% for PUD per MP Approval * Min. Front Setback 20 ft." See waiver request * Min. Front Setback (Hinesburg Road) 50 ft. + 7 ft. See waiver request * Min. Side Setback 10 ft. See waiver request * Min. Rear Setback 30 ft. See waiver request 4 Zoning compliance *waiver requested (1) This decision does not address buildings on commercial lots #2 through lots #4. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A) (1) Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. According to Section 15.13(B) (1) of the South Burlington Land Development Regulations, the existing public utility system shall be extended to provide the necessary quantity of water, at an acceptable pressure, to the proposed dwelling units. According to Section 15.13 of the South Burlington Land Development Regulations, the subdivider or developer shall connect to the public sewer system or provide a community wastewater system approved by the City and the State in any subdivision where off -lot wastewater is proposed. The project is proposed to be served by gravity sewer mains flowing to the existing collection system located on Oak Creek Drive. A looped water distribution system is proposed to service the project. Storm drainage will be collected in an enclosed drainage system within the local streets and will be directed to a stormwater management facility located at the low point in the southwest corner of the property. SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (A) (2) Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The proposed project shall adhere to the standards for erosion control in Section 16.03 of the LDRs, and the grading plan shall meet the standards in Section 16.04 of the LDRs. The applicant has submitted an erosion control and grading plan as part of the preliminary plat. See the Director of Public Works' notes within the DPW consolidated comments below. (A) (3) The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. Access is proposed via a public street connection to Hinesburg Road as well as to the existing public road of Fox Run Lane. A traffic study dated May 21, 2013 was prepared by Lamoureux & Dickinson. The Director of Public Works has reviewed the plans and provides notes in the consolidated Public Works comments below. The study projects that the proposed development is expected to generate 107 pm peak vehicle trip ends (using Land Use Codes 210 and 230 for the single family and condominium units, respectively and Land Codes 710 and 710 for general office and medical office respectively). The study concludes that acceptable levels of service will be maintained at nearby intersections and that peak hour volume will not reach levels sufficient to warrant a signalized intersection at the intersection of VT-116/Meadowlands Drive/ Street D. The connection on Hinesburg Road is directly across from Meadowland Drive. This intersection had previously been studied as part of the Meadowland Drive Development and there are established thresholds for when traffic improvements are to be made, including signalizing the intersection and dedicated turn lanes. This study reviewed that mandate and incorporates the vehicle trip ends generated within into the study. If the trips generated as a result of this proposal exceed those limited by the Meadowland Drive development, then this applicant shall be responsible for the necessary improvements. As noted above, the applicant has submitted a traffic study for this project. As an addendum to that study, please see below the questions raised and the answers thereto from the applicant's traffic engineer, Roger Dickinson, which address these concerns. From: Lee Krohn Sent: Tuesday, December 03, 2013 1:37 PM To: roger@Idengineering.com Subject: Rye Associates il SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 Hi, Roger, I have reviewed your traffic study for the project, and wonder: 1. Did you review/take into account prior approvals and conditions related to traffic for Meadowland Drive development(s)? Apparently, there may be relevant issues and information from that which may affect matters here relative to cumulative impacts of new/additional traffic. Yes; the original traffic study for the Meadowland Drive development was reviewed in 1996 by VTrans. Their traffic study review letter, dated September 6, 1996, included the following conditions (in italics): "If the access intersection with VT 116 is determined to warrant a separate left turn lane sometime in the future, then the proposed design of the left turn lane will need to be brought up to today's standards (i.e., not to have a bypass lane, but a separate left turn lane, especially if signalization is contemplated). This issue should be addressed as soon as additional development within the complex is contemplated." The bypass left -turn lane in the southbound direction on VT 116 was subsequently upgraded to the separate left -turn lane that now exists. I don't have the exact date that occurred. "in conclusion, you should provide us with an updated traffic study whenever you intend to develop an individual lot within the project complex. The information we need should include the following: - For signal warrant analysis: You need to provide at least a 12-hour turning movement (to include the 0600-1800 hours at a minimum) showing distribution of all moves within the intersection. Volumes should be factored to reflect the average weekday condition. - For LOS analyses and geometric improvements: You need a minimum AM (0700- 0900) and PM (1500-1800) peak periods surveyed. The analysis should use DHV's." We have performed the above requested signal warrant and LOS analyses for various projects within Meadowland Business Park since 2002. Most recently in July 2013 for Lot 5 at 66 Bowdoin St. That analysis also included "other development" traffic from the Rye Associates development and a new building on Lot 6 proposed by Super - Temp. 2. Can you please help me understand the difference/distinction between the two LOS tables toward the end of your report (pages 3 & 4). They are quite similar, but slightly different; and each must have unique meaning. Table 3 includes two intersections, but got split between pages 3 and 4. At the bottom of pg. 3 are the results for the northerly VT 116/Meadowland Drive/Rye Associates Street D intersection. At the top of pg. 4 are the results for the southerly VT 116/Fox Run Lane/Mansfield View Lane intersection. Fox Run Lane being located immediately south of the Rye Development. Street B connects with Fox Run Lane. 5 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 3. Finally, and not unique to this report or project, I will appreciate learning how adding this much new commercial and residential development will create virtually no change in LOS at this intersection, and at most only one additional second of delay for one turning movement, when comparing the 'build' and 'no build' conditions. If you look closely as the WB LT/TH lanes exiting Meadowland Drive at the northerly VT 116/Meadowland Drive/Rye Associates Street D intersection, the delays for that lane increases by 6 seconds (19 to 25). Also, while Street D's LOS D rating meets VTrans' LOS Policy for an unsignalized intersection, its delay of 29 seconds is not insignificant. That being said, this development benefits from having two access points onto VT Route 116; Street D to the north and Fox Run Lane to the south. Turning movements entering and exiting the Rye Associates development will gravitate towards the access in the direction that they are traveling to/from. This helps minimize the impact on future delays and LOS. The Board finds the application to have adequately addressed Meadowland Drive development threshold requirements. The Board finds that the connection to Fox Run Lane was anticipated with the development of Oak Creek, and that the north -south road to connect to Fox Run Lane is shown on the Official Map for South Burlington for future road connections. Finally, the Board supports the layout which calls for a short road connection with a "jog", which enables the connection without providing a long straight road which would have the potential to encourage higher speeds. The road now named Swift Street Extension on the plans is also on the official map to connect to the property to the west. At sketch plan review, the Recreation Path Committee had reviewed the plans and provided comments; it was noted then that their comments had been incorporated into the plans. (A) (4) The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. Wetlands issues have been addressed in a report prepared by Gilman and Briggs environmental. This report addresses relevant criteria in the LDRs. The applicant seeks approval to impact wetlands as outlined in the Gilman and Briggs report dated May 3, 2013. The Board therefore reviews the request pursuant to section 12.02 of the Land Development Regulations, excepted herein: 12.02(E) Standards for Wetlands Protection (1) Consistent with the purposes of this Section, encroachment into wetlands and buffer areas is generally discouraged. (2) Encroachment into Class 11 wetlands is permitted by the City only in conjunction with issuance of a Conditional Use Determination (CUD) by the Vermont Department of 6 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 Environmental Conservation and positive findings by the DRB pursuant to the criteria in (3) below. (3) Encroachment into Class 11 wetland buffers, Class 111 wetlands and Class 111 wetland buffers, may be permitted by the DRB upon finding that the proposed project's overall development, erosion control, stormwater treatment system, provisions for stream buffering, and landscaping plan achieve the following standards for wetland protection: (a) The encroachment(s) will not adversely affect the ability of the property to carry or store flood waters adequately; (b) The encroachment(s) will not adversely affect the ability of the proposed stormwater treatment system to reduce sedimentation according to state standards; (c) The impact of the encroachment(s) on the specific wetland functions and values identified in the field delineation and wetland report is minimized and/or offset by appropriate landscaping, stormwater treatment, stream buffering, and/or other mitigation measures. The Gilman and Briggs report concludes that all wetlands on the site are Class III and addresses each of the criteria under #3 above. The applicant is seeking to directly impact a handful of isolated wetlands around the site, and to reduce the 50' buffer to 25' surrounding the central complex of Class III wetlands depicted within the proposed park/ open space area. Based on the information presented, and the fact that these are Class III wetlands, the Board finds the reduced buffer zone acceptable. Section 9.06(B) (5) States that "Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape." Concrete monuments should be placed at the rear corners of the single family home lots to help delineate property boundaries where they adjoin the wetland buffers. The final plat submittal should also include other strategies for clearer delineation of the rear lot lines of all properties that adjoin the wetland buffers; possibilities include a line of planted cedars, split rail fencing, or other physical barrier to lessen the likelihood of residential uses intruding into the more sensitive wetland buffers. Section 9.06(B) (3) states that "a plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant." To satisfy this requirement, the following conditions shall apply: 1. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or associated 25 foot buffers. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 7 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 2. There shall be no mowing within 25 feet of the wetlands on the property. Brush -hogging shall be allowed no more than three (3) times per year. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. (A) (5) The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning districts) in which it is located. Pursuant to Section 9.01 of the Land Development Regulations, the Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agricultural use, and well as planned residential use in the largely undeveloped area of the City known as the Southeast Quadrant. The open character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The location and clustering of buildings and lots in a manner that in the judgment of the Development Review Board will best preserve the open space character of this area shall be encouraged. The criterion is satisfied. (A) (6) Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. The homes are clustered closely and a continuous corridor of open space is present. Furthermore, the largest portion of the wetland and undeveloped portion of the site is immediately adjacent to a wetland/buffer area on the adjoining development to the south. See additional detail under SEQ standards. The criterion is satisfied. (A) (7) The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. The South Burlington Fire Chief reviewed the plans and provided comments on August 13, 2013 as follows: We have reviewed the plans for this proposed development. It looks like a pretty straight forward proposal but we have the following concerns and/or recommendations. 1. Turning radii and road widths within this development should be sized to allow for parking, set-up and operation fire apparatus. 2. There appears to be no hydrants adjacent to the "cottage units" off of Street D. 3. Trees, fences and floral outcroppings should be placed so as not to interfere with the deployment of the aerial ladder, hoselines, portable ladders and other firefighting equipment. S D_13_22_1075Hinesburg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 4. Commercial structures and multifamily units will need fire protection plan review from the South Burlington Fire Marshal's office to review for compliance with the Vermont Fire and Building Safety Codes. As a part of the final plat submittal, the applicant shall confirm with the Fire Chief that these matters have been addressed satisfactorily, and that the design of "Cottage Circle" and any other changes, are acceptable. (A) (8) Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. (A) (9) Roads, utilities, sidewalks, recreation paths, and lighting are designed in a manner that is consistent with City utility and roadway plans and maintenance standards. Below are the consolidated comments from Public Works and the applicant's responses (in bold or in brackets), from emails dated January 6 and January 7, 2014: This project is located in the Potash Brook watershed, which is listed as stormwater impaired by the State of Vermont Agency of Natural Resources (ANR). Also, the project proposes to create greater than 1 acre of impervious area. It will therefore require a stormwater permit from the Vermont Department of Environmental Conservation (DEC) Storm water Division. Obtaining this permit should be a condition of approval for the project. Acknowledged and Acceptable provided that the condition reads that this permit be acquired prior to the commencement of construction. 2. The plans indicate that the project will disturb greater than 1 acre of land. Therefore, this project will need to obtain and comply with a construction stormwater permit (3- 9020 or individual permit) from the Vermont DEC Stormwater Division. Obtaining this permit should be a condition of approval for the project. Acknowledged and Acceptable provided that the condition reads that this permit be acquired prior to the commencement of construction. 3. Provide hydrologic modeling for the project so that potential impacts on downstream structures can be evaluated. Providing the actual HydroCAD files would facilitate review by DPW staff. Please find attached the HydroCad modeling of the watershed characteristics. 4. Does the proposed drainage network convey the 25 year, 24 hour storm event without surcharging? The proposed stormwater management pond and the facilities downstream of the pond are design to pass the 100-year design storm. Detailed information on the infrastructure upstream will be forwarded shortly. 5. Plans have been revised so that water leaving the proposed detention pond on lot #31 no longer enters the existing drainage system north of Fox Run Lane. Water leaving the proposed pond now flows to Potash Brook via a new -900' Swale. Flow to Potash Brook Z SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 via the new swale is preferable to allowing this water to flow into the existing drainage system on Fox Run Lane. Acknowledged. 6. The proposed detention basin on lot #5 discharges water into the existing closed drainage system under Oak Creek Drive. Adjacent to the proposed detention basin, the plans show an existing 18" culvert beneath Fox Run Lane that leads to an open channel along VT Route 116. Rather than send water to the closed drainage system (and eventually through an existing detention pond located downstream), could this water instead be discharged to the ditch along VT Route 116 via the existing 18" culvert? Discharge in this manner would be the City's preference. This would be redirecting existing stormwater from the City collection system to the State of Vermont's infrastructure on Route 116. It is our recent experience that VTrans will not allow nor will accept any increases in peak flows (for the 50-year design storm or smaller) to their stormwater infrastructure. Therefore this is not a likely outcome. 7. Confirm that the swale to the rear of lots 9-14 will be sufficiently graded to prevent water from flowing onto adjacent properties to the south. Similar to the pond and discharge swale from the pond, this swale has also been designed to accommodate the 100-year storm event. 8. Backflow preventers must be installed on all foundation drains. Yes, the new plans show this requirement. 9. The pump station and detention basin on lot #31 must have an appropriate maintenance access drive identified on the plans. Yes, these facilities will have the necessary means of access. Please advise on the width requirements. 10. In a future submission, include landscaping plans for the detention basin on lot #31. Acknowledged. 11. Provide a map showing the drainage area to each proposed stormwater treatment practice. This pre and post development plans of the site are attached. 12. Please confirm that the proposed stormwater treatment pond located on lot #31 and the dry detention basin in the park will accept runoff from only residential properties. Past resolutions by the South Burlington City Council indicate that the "The City shall accept conveyance of and assume responsibility for the following types of Regulated Private Systems that serve exclusively residential development in the City:" (emphasis added). It appears that the proposed detention pond on lot #31 and the proposed dry detention basin in the park would be eligible for City take over, but the proposed detention pond on lot #5 would not. Stormwater runoff from the commercial lots on the east side of the project site have been graded to that all runoff from these properties will be directed to their own dedicated stormwater management facility. No commercial runoff is directed into the proposed stormwater treatment pond located on lot #31 and the dry detention basin in the park. 10 SD_13_22_1075H inesburg Road_RyeAssociates_prelim_ffd_withoutM P. doc #SD-13-22 13. The proposed development shows wetlands on the project site. Is the applicant seeking wetland permit coverage from the State of Vermont or ACOE? Section 12.02 of the South Burlington Land Development Regulations (LDRs) contains provisions to protect wetlands. The applicant should provide more information on the wetlands contained on the site so that any potential impacts can be evaluated pursuant to the regulations in the LDRs. Attached is the description of the wetlands and the impacts to their functions and values. 14. The DRB should include a condition requiring the applicant to regularly maintain all stormwater treatment and conveyance structures on -site. Acknowledged and Acceptable. 15. Per section 12.03.F(1) of the City's Land Development Regulations, the final decision should require the submission of record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final grading, etc. Acknowledged and Acceptable. 16. The final decision should require that final hydrologic modeling be submitted to the Department of Public Works so that this information can be incorporated into the City's watershed model for Potash Brook. Acknowledged and Acceptable. Additional Public Works Comments: 1. Remove all "Winter Parking Ban" signs from the plan. (1/24: applicant has revised plans to reflect this change) 2. All pavement markings shall be Type 1 Durable Tape. Applicant to submit a specific product to Public Works for approval prior to installation. (1/24: applicant has revised plans to reflect this change) 3. Pedestrian level street lighting is needed at al! crosswalks. (DPW Director reports this has been addressed). 4. All foundation/perimeter drains shall be shown on plans. No Certificates of Occupancy shall be issued for any of the single family homes without approved As-Builts showing the drain lines. 5. A foundation drain detail is needed that shows the backflow prevention method. (DPW Director reports this has been addressed) 6. No roadway striping is needed other than for crosswalks and stop bars. Each parking space does not need to be striped, nor is crosshatching necessary to highlight no parking areas. (DPW Director reports this has been addressed) 7. Remove the crosswalks through the driveways, carry the sidewalk through. (DPW Director reports this has been addressed) 11 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc r #SD-13-22 S. The east radius of the proposed Edgewood Lane and Fox Run Lane shall be tightened. (DPW Director reports this has been addressed) 9. Does Edgewood as a name comply with 911 naming standards? Is it too similar to other existing city streets? (This item to be addressed by the Planning Commission) 10. Illustrate via crosshatch the limits of disturbanc%xcavation on existing city streets necessary for utility connections, matching curb radii, etc. The applicant has sought a waiver from minimum radius of curves for local streets. Following review by the Director of Public Works, the Board finds the request acceptable. As a part of any final plat submittal, the applicant shall confirm with the Fire Chief and Public Works Director that the design of "Cottage Circle", recently added to the plans, is acceptable. (A) (10) The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). The Board finds this criterion satisfied. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: (C) Relationship of the Proposed Development to the City of South Burlington Comprehensive Plan. The Board finds this criterion satisfied. (C) (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The Board worked with the applicant at the sketch plan level to ensure suitable and safe pedestrian movement throughout the PUD. The plans include a complete sidewalk loop on the entire development of the road, safe crosswalks, and a paved recreation path. The plans also provide provisions for the adjacent neighborhood to access the recreation path, sidewalk network, and park via a sidewalk along B Street. The Board finds this criterion satisfied. (B) (2) Parking (a) Parking shall be located to the rear or sides of buildings. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. 12 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; (iv) The lot contains one or more existing buildings that are to be re -used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, (v) The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all proposed parking areas that are both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. All parking on the preliminary plat complies with the standards above. Parking for the single family homes and Lot 7 cottage units is provided onsite as well as on - street parking limited to one side of the street. Parking for the lot 8 cottage units is provided by a shared carport and surface lot. Parking for the 16 quad-plex units is proposed via garages located to the rear of the four quad-plex buildings. The applicant is proposing 13 parking spaces for Lot 8, Cottage units. This represents a 1-space, or 7.2% waiver request. The applicant notes that these units will be smaller than average single family homes. This request is acceptable. The Board finds the proposed one (1) space, 7.2% parking waiver for lot 8 acceptable. Parking for the Commercial lots is discussed under the SEQ-VC standards below. (B)(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or adjoining buildings. The heights of all buildings are within the limits of the district and characteristic of typical and nearby single and two-family dwellings. 13 SDI 3_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (B)(4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. As required in the LDRs, all newly installed utility services shall be underground. (C)(1) The DRB shall encourage the use of a combination of common materials and architectural characteristics, landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The design of buildings is discussed in greater detail in a discussion of the specific Southeast Quadrant design standards found elsewhere in this report. (C)(2) Proposed structures shall be related harmoniously to themselves, the terrain, and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. The design of buildings is discussed in greater detail in a discussion of the specific Southeast Quadrant design standards found elsewhere in this report. Site plan applications shall meet the following specific standards as set forth in Section 14.07 of the South Burlington Land Development Regulations: (A) The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial of collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. Access is proposed via a public street connection to Hinesburg Road, to the property to the east, and to the existing public road of Fox Run Lane. The Board finds these plans consistent with the Official Map. (B) Electric, telephone and other wire -served utility lines and service connections shall be underground. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. As already noted above, all newly installed utility lines must be underground. (C) All dumpsters and other facilities to handle solid waste, including compliance with any recycling or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Trash disposal and recycling facilities for the single family home lots and cottage homes on lot 7 and 8 will be addressed individually. The plans show a screened dumpster enclosure to the rear of the lot 6 four-plexes. SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 Final plans for commercial lots 2-5 shall also show dumpster locations. (D) Landscaping and Screening Requirements Pursuant to Section 13.06(A) of the proposed Land Development Regulations, landscaping and screening shall be required for all uses subject to planned unit development review. The minimum landscape requirement for this project is determined by Table 13-9 of the South Burlington Land Development Regulations. The Board has previously reviewed landscaping plans for all portions of the PUD save for Commercial lots 2-5 (to be provided as part of subsequent applications). The Board received revised landscaping/planting plans, lists, and cost schedules for the overall project on January 281h, but for simplicity and clarity, are summarized below: Street trees: $94,592 Central open space: $12,436 Cottage units w/ garages: $28,776 (meets min. requirement based on est. construction cost) Cottage units w/o garages: $25,335 (meets min. requirement based on est. construction cost) Fourplex buildings: $52,519 (meets min. requirement based on est. construction cost) Professional building: $16,784 (meets min. requirement based on est. construction cost) The City Arborist reviewed these latest planting plans and species lists, and he stated that, "I spoke with Ray Belair last week and Ok'd the revised plans. Prior to that, I spoke with Mike Lawrence and recommended some species changes. While I haven't seen the species changes on the plans, I'm sure Mike has adequately addressed them as his plans generally only require minor adjustments when he submits them. Please let me know if there is anything specific you wish me to comment on or if you have any questions." - Craig Lambert, South Burlington City Arborist The Board notes that although landscaping plans L1 and L2 were submitted with this preliminary plat application, plans L3 — L5 were not. A complete, final set of landscaping plans shall be provided with the final plat submittal and reviewed by the City Arborist for all parts of the PUD except Commercial Lots 2-5. E911 Addresses & Street Names The applicant shall submit E911 addresses for the proposed project, in conformance with the E911 addressing standards, with the final plat application. The applicant shall seek approval of any proposed new street names from the Planning Commission and submit with the final plat application. SOUTHEAST QUADRANT DISTRICT This proposed subdivision is located in the southeast quadrant district. Therefore it is subject to the provisions of Section 9 of the SBLDR. 15 SD-1 3-22-1075Hinesburg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 9.06 Dimensional and Design Requirements Applicable to All Sub -Districts The following standards shall apply to development and improvements within the entire SEQ: (A) Height The maximum height of any occupied structure in the SEQ-NRP, SEQ-NRT, or SEQ-NR sub -district shall not exceed forty-five feet (45'), the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. The maximum height of any occupied structure in the SEQ-VR or SEQ-VC sub -district shall not exceed fifty feet (50'), the waiver provisions of Section 3.07(E) shall not apply to occupied structures in these sub -districts. Standards from Table C-2, Dimensional Standards Applicable in All District also apply. This criterion will be evaluated at subsequent levels of review for the project. (B)(1) Open Space and Resource Protection Open space areas on the site shall be located in such a way as to maximize opportunities for creating usable, contiguous open spaces between adjoining parcels The applicant proposes a 2.54 acre park / open space to be dedicated to the City. It is centrally located and provides access to residents within the proposed project and to adjacent neighborhoods. Recreation path easements, further, are provided to ensure ease of access from adjoining parcels. See additional detail below. (B)(2) Building lots, streets and other structures shall be located in a manner consistent with the Regulating Plan for the applicable sub -district allowing carefully planned development at the average densities provided in this bylaw. The average density remains below that which is permitted in the sub -district, and the location of development areas are consistent with the standards. The requested waivers are discussed below. (B)(3) A plan for the proposed open spaces and/or natural areas and their ongoing management shall be established by the applicant. See below under Parks. (B)(4) Sufficient grading and erosion controls shall be employed during construction and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. In making this finding, the Development Review Board may rely on evidence that the project will be covered under the General Permit for Construction issued by the Vermont Department of Environmental Conservation. See above under Planned Unit Development Standards. 16 SD_13_22_1075Hinesburg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (B)(5) Sufficient suitable landscaping and fencing shall be provided to protect wetland, stream, or primary or natural community areas and buffers in a manner that is aesthetically compatible with the surrounding landscape. Chain link fencing other than for agricultural purposes shall be prohibited within PUDs; the use of split rail or other fencing made of natural materials is encouraged. See above under Planned Unit Development Standards. (C) Agriculture. The conservation of existing agricultural production values is encouraged through development planning that supports agricultural uses (including but not limited to development plans that create contiguous areas of agricultural use), provides buffer areas between existing agricultural operations and new development, roads, and infrastructure, or creates new opportunities for agricultural use (on any soil group) such as but not limited to community -supported agriculture. As noted above, the approved Master Plan shows a central park / open space to be dedicated to the city. This may include some opportunities for small scale agriculture such as community gardens. The applicant is also proposing a garden area for use by the four four-plexes. In addition, the total number of housing units proposed for the project would require the use of Transferable Development Rights, the use of which would conserve open spaces elsewhere in the Southeast Quadrant. (D) Public Services and Facilities. In the absence of a specific finding by the Development Review Board that an alternative location and/or provision is approved for a specific development, the location of buildings, lots, streets and utilities shall conform with the location of planned public facilities as depicted on the Official Map, including but not limited to recreation paths, streets, park land, schools, and sewer and water facilities. Recreation paths, storm water facilities, sidewalks, landscaping, utility lines, and lighting shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. Recreation paths, utilities, sidewalks, and lighting shall be designed in a manner that is consistent with City utility plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. Final plans shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. (E) Circulation. The project shall incorporate access, circulation and traffic management strategies sufficient to prevent unsafe conditions on adjacent roads and sufficient to create connectivity for pedestrians, bicycles, vehicles, school transportation, and emergency service vehicles between neighborhoods. In making this finding the 17 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 Development Review Board may rely on the findings of a traffic study submitted by the applicant, and the findings of any technical review by City staff or consultants. Roads shall be designed in a manner that is compatible with the extension of such services and infrastructure to adjacent properties. Roads shall be designed in a manner that is consistent with City roadway plans and maintenance standards, absent a specific agreement with the applicant related to maintenance that has been approved by the City Council. The provisions of Section 15.12(D) (4) related to connections between adjacent streets and neighborhoods shall apply. The proposed project is consistent with the Official Map. A network of recreation paths and sidewalks are proposed linking the project east -west and north -south along each new street. See above under Planned Unit Development Standards and DPW comments for additional information. (D) Parks Design and Development. General standards. The SEQ has an existing large community park, the Dorset Street Park Complex. Parks in the SEQ may be programmed as neighborhood parks or mini -parks as defined in the Comprehensive Plan. Mini parks in the SEQ should be a minimum of 10,000 square feet, with programming approved by the South Burlington Recreation Department. Such parks are to be located through the neighborhoods in order to provide a car free destination for children and adults alike, and to enhance each neighborhood's quality of life. They shall be knitted into the neighborhood fabric as a focal point in the neighborhood, to add vitality and allow for greater surveillance by surrounding homes, local streets and visitors. Each park should be accessible by vehicle, foot, and bicycle and there should be a park within a quarter -mile of every home. (1) Specific Standards. The following park development guidelines are applicable in the SEQ-NRT, SEQ-NR, SEQ-VR, and SEQ-VC districts: (a) Distribution and Amount of Parks: (i) A range of parks and open space should be distributed through the SEQ to meet a variety of needs including children's play, passive enjoyment of the outdoors, and active recreation. (ii) Parks should serve as the focus for neighborhoods and be located at the heart of residential areas, served by public streets and fronted by development. (iii) Parks should be provided at a rate of 7.5 acres of developed parkland per 1,000 population per the South Burlington Capital Budget and Program. (iv) A neighborhood or mini park of 10,000 square feet or more should be provided within a one -quarter mile walk of every home not so served by an existing City park or other publicly -owned developed recreation area. SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (b) Dedication of Parks and Open Space: Parks and protected open space must be approved by City Council for public ownership or management, or maintained permanently by a homeowners' association in a form acceptable to the City Attorney. (c) Design Guidelines (i) Parks should be fronted by homes and/or retail development in order to make them sociable, safe and attractive places. (ii) Parks should be located along prominent pedestrian and bicycle connections. (iii) To the extent feasible, single -loaded roads should be utilized adjacent to natural open spaces to define a clear transition between the private and public realm, and to reinforce dedicated open space as a natural resource and not extended yard areas. The applicant proposes an open area of 2.54 acres. This is smaller than proposed at sketch plan review, but exceeds the minimum of approximately 0.97 acres of parkland recommended based on the number of housing units. The park incorporates more "active" recreational features than before: an enhanced network of recreation paths within the site and linking to external networks of paths or sidewalks, and a dual purpose dry detention basin for stormwater, which is also a volleyball court. The applicant must still explain how often this "dry" basin will be damp or wet, and how that will affect the volleyball court itself and its usability. The applicant shall confirm with the Recreation Department the installation of a volleyball court in the dry detention basin. Otherwise, it appears that roughly half of this open space area is class III wetland or wetland buffer. The applicant should demonstrate how residential areas will be separated from the public park/open space. As a part of any final plat application, the applicant shall indicate how residential areas will be separated from the park/open space to ensure future encroachment does not occur. At a minimum, the applicant shall install concrete monuments, in a manner consistent with standard surveyors' practices, at the rear corners of the eight lots abutting the park area. The applicant shall also propose other, additional methods of delineating these boundaries between private residential and common lands, including options such as coniferous trees and/or split rail fence. See above under Planned Unit Development for comments concerning clear transitions to wetland areas. 9.08 SEQ-NR &NRT Sub -District; Specific Standards The SEQ-NR and SEQ-NRT sub -district has additional dimensional and design requirements, as enumerated in this Section. 19 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (A) Street, Block and Lot Pattern (A) (1) Development blocks. Development block lengths should range between 300 and 500 linear feet; see Figure 9-2 for example. If longer block lengths are unavoidable blocks 500 feet or longer must include mid -block public sidewalk or recreation path connections. The applicant proposes a block length of approximately 520 feet on the two principal north - south roads. The eastern roadway includes approximately 180 feet of park/open space frontage to be dedicated to the city, while the western roadway includes a mid -block recreation path right -of way crossing. All other streets and blocks comply with the standards. The Board finds granting this waiver acceptable. (A) (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). See above under block lengths. A street stub is proposed at the western end of Swift Street Extension as depicted on the Official Map. (A) (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. A street stub is proposed at the west end of Swift Street Extension. This criterion is satisfied. (A) (4) Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. The proposed lots largely meet or exceed the minimum standards. 19 of the 22 single home lots exceed the 2:1 ratio. Lots 15-17 are slightly below this standard, but abut recreation paths and the proposed park/open space. The remainder of lots within the District are PUDs, and so the lot width -to -depth is not applicable. Given the overall layout of the project and inclusion of recreation paths / open space, the Board finds granting this waiver acceptable. (B) Street, Sidewalk & Parking Standards (B)(1) Street dimensions and cross sections. Neighborhood streets (collector and local) in the NR sub -district are intended to be low -speed streets for local use that discourage through 20 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Tables 9-1 and 9-2, and Figures 9-4 and 9-5 of the SBLDR. (B)(2) Sidewalks. Sidewalks must be a minimum of five feet (5') in width with an additional minimum five-foot planting strip (greenspace) separating the sidewalk from the street. Sidewalks are required on one side of the street, and must be connected in a pattern that promotes walkability throughout the development. The DRB may in its discretion require supplemental sidewalk segments to achieve this purpose. (B)(3) Street Trees; see Section 9.08(B)(3) Street trees are required along all streets in a planting strip a minimum of five feet wide. Street tress shall be large, deciduous shade trees with species satisfactory to the City Arborist. Street trees to be planted must have a minimum caliper size of 2.5 to 3 inches DBH, and shall be planted no greater than thirty feet (30') on center. The proposed project complies with the above criteria. (B)(4) On -street parking; see Section 9.08(B)(4). On street parking is appropriate in a small neighborhood. The roadway right-of-way is of sufficient width and well -planned to accommodate such. The applicant should demonstrate compliance with this criterion at subsequent levels of review for the project. On street parking is proposed along both sides of the eastern leg of "Rye Circle" and one side of "Edgewood Lane", "Cottage Circle", and the remainder of "Rye Circle". Swift Street Extension is proposed to have 30' of pavement. As a part of final plat submittal, the applicant should confirm whether on -street parking is intended on this road. (B)(5) Intersection design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Figure 9-6 and Section 9.08(B)(5). The Director of Public Works and Fire Chief shall confirm that the plans, as amended, include acceptable intersection designs. (B)(6) Street and sidewalk lighting. Pedestrian -scaled light fixtures (e.g., 12'to 14') shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower -intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots) and trespass minimized to the lowest level consistent with public safety. Although the applicant proposed light poles of 16' and 20' in height, the Board finds no reason to allow these poles to be taller than permitted in the LDRs. Final plans submitted with any final plat application shall incorporate light poles that comply with the LDRs. (C) Residential Design 21 SD_13_22_1075Hinesburg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (C)(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries for single family and multi family buildings must face the street. Secondary building entries may open onto garages and/or parking areas. (Special design guidelines apply to arterial streets). (C)(2) Building Facades. Building facades are encouraged to employ a theme and variation approach. Buildings should include common elements to appear unified, but facades should be varied from one building to the next to avoid monotony. Front porches, stoops, and balconies that create semi -private space and are oriented to the street are encouraged. (C)(3) Front Building Setbacks. In pedestrian districts, a close relationship between the building and the street is critical to the ambiance of the street environment. Buildings should be set back twenty-five feet (25') from the back of sidewalk. (C)(4) Porches, stoops, and balconies may project up to eight feet (8') into the front setbacks. Porch, stoop and balcony areas within the front setback shall not be enclosed or weatherized with glazing or other solid materials. (C)(5) Placement of Garages and Parking. See Section 9.08(C)(4) and Figure 9-7. The front building line of the garage must be set behind the front building line of the house by a minimum of eight feet. (C)(6) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and affordability is encouraged within neighborhoods and developments. These should be mixed within blocks, along the street and within neighborhoods rather than compartmentalized into sections of near -identical units. The proposed plans include: 22 standard detached single family homes; 14 cottage style units; 16 units in the form of 4 quadplex buildings Overall, the project is designed in a logical framework, and the placement of the buildings around the 'green' in the center of the property appears to be well -designed. The location of the 4-unit buildings between the commercial uses and the residential zone also helps to transition this development from commercial, to higher density residential, to lower density residential. Architectural designs for the cottage homes and the multi -family dwellings were submitted for review. The Board finds that these designs are acceptable for the cottage units and asked the applicant to refine the facades of quadplexes for final plat review. 22 SD_13_22_1075Hinesburg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 As described in the cover letter/narrative, the applicant has redesigned the project in order to address the Board's concerns about design and layout; for example, providing an orderly transition from commercial buildings to multi -family to single family homes. The Board finds the design meets the goals and objectives of the Southeast Quadrant design standards in the LDRs. The applicant has submitted detailed architectural elevations and materials lists for all of the proposed buildings. The garages on the cottage units, types 'Cl', 'C21 , 'D', and V are set back at least 8' as required. The Board finds that the covered porches from which these are measured are substantial enough to qualify as the front lines of these houses, and that the homes are oriented toward the street(s), as required. As noted above, the four quad-plexes serve as a transition for the overall project and represent different styles and sizes from other units on the property. The designs of these four buildings are identical, but represent a small portion of the overall development. The applicant on January 28, 2014 submitted a document entitled, "Single Family Home Design Guidelines Rye Parcel Subdivision" from Rabideau Architects for the Board's consideration. The Board finds this approach demonstrates conformance with this criterion, and this document shall be used by the Administrative Officer to determine compliance when reviewing individual zoning applications for these single family homes. This document is attached by reference as a part of this preliminary plat approval, and shall be incorporated into any subsequent final plat approval. The applicant is seeking a waiver of Section 3.06(C) Setbacks and Buffers; Yards Abutting a Planned Street. Specifically, "With the assumption that the reference to "Swift Street" also means Swift Street Extension, the applicant seeks a waiver for Cottage buildings 7-1 and 7-7 (to 30') and residential lots #22 and #23 (to 20') and Commercial Lot #1 (to 30') to achieve the goals set forth in the SEQ district guidelines." The Board finds this waiver request acceptable. The Applicant is also seeking the following waivers regarding setbacks, lot size, and lot coverage. Appendix C Table C-2 Dimensional Standards A. Single Family Minimum Lot Size from 12,000 SF to 9,937 SF. - B. Single Family Max. Building Coverage from 15% to 20% for all lots. C. Single Family Max. Lot Coverage from 30% to 42% for Lot 7. D. Single Family Front Yard Setback from 20' to 10' (Cottage Units 6-1 & 6-2 off of Edgewood Drive). E. Single Family Rear Yard Setback from 30' to 20' (Cottage Units 7-2 thru 7-6). F. Multi -Family Max. Building Coverage from 15% to 28% for Lot 6. G. Multi -Family Max. Lot Coverage from 30% to 55% for Lot 6. H. Commercial Lot Coverage from 30% to 54% for all lots except for Lot 3 which shall be 63% 1. Commercial Building Coverage from 15% to 21 % for all lots except for Lot 3 which shall be 26% 23 SD_13_22_1075H i nesbu rg Road_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 The Board finds these waivers acceptable as part of a creative PUD design. Lot coverage, although exceeded for individual lots, shall comply with the overall PUD maximum of 30%. Building setbacks within the Cottage unit areas generally range from 10 to 43 feet, with one building on lot 8 setback 66 feet. The regulations do not specify whether the 25' setback is a minimum or maximum. The cottage units meet the intent of the standards. 9.10 SEQ-VC Sub -District; Specific Regulations The SEQ-VC sub -district has additional dimensional and design requirements, as enumerated below: A. Street, block and lot pattern. (1) Development blocks. Development block lengths should range between 200 and 300 linear feet; see Figure 9-2 for example. Blocks 300 feet or longer must include mid - block public sidewalk or recreation path connections. (2) Interconnection of Streets (a) Average intersection spacing shall be 200 to 300 feet. (b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per Section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line per Section 15.12(D)(4) of these Regulations to allow connection to adjacent parcels. Posting signs with a notice of intent to construct future streets is strongly encouraged. (4) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. The portion of the project within the SEQ-VC subdistrict fronts Hinesburg Road and the eastern leg of the north -south street. The block length is approximately 740 feet along Hinesburg Road and 520 feet on the other north -south street. Both blocks line up with existing intersections / shared driveways. See the note above concerning recreation path rights -of -way. The applicant is not proposing any new roads within the SEQ-VC district, and so the Board finds that the street standards do not apply to Hinesburg Road. Given the nature of Hinesburg Road and location of intersections, the Board finds this proposal acceptable. However, the Board reserves the right to require one or more sidewalk / recreation path connections (public or private) to Hinesburg Road as part of final plat review of the project. The proposed commercial lots along Hinesburg Road do not strictly comply with the lot depth ratio of 2:1. All lots are deeper than they are wide. The applicant is also proposing that lots be 24 SD_13_22_1075Hinesbu rgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 smaller than the minimum lot size. Given the narrow depth of the VC district, it would be impossible to meet both the minimum lot sizes (40,000 sf) and minimum lot - depth ratio. Given these unique, site specific circumstances, the Boards finds that the applicant has proposed a plan that allows the project to relate to both Hinesburg Road and "Rye Circle", and finds that a waiver of the lot - depth ratio is acceptable. B. Street, Sidewalk & Parking Standards (1) Street dimensions and cross sections. Neighborhood streets in the VC sub -district are intended to be low -speed streets for local use that discourage through movement and are safe for pedestrians and bicyclists. Dimensions for public collector and local streets shall be as set forth in Section 9.09(B)(1) above, and Tables 9-3 and 9-4; cross -sections shall be as set forth in Figures 9-10 and 9-11 below. (2) Sidewalks (a) Sidewalks must be a minimum of five feet in width plus a five-foot planting strip separating the sidewalk from the street. (b) Sidewalks are required on both sides of the street. (3) Street Trees; see Section 9.08(B)(3) (4) On -street Parking; see Section 9.08(B)(4) (5) Intersection Design. Intersections shall be designed to reduce pedestrian crossing distances and to slow traffic; see Section 9.08(B)(5) and Figure 9-6. (6) Lighting. Pedestrian scale light fixtures (e.g., 12' to 14') shall be provided sufficient to ensure pedestrian safety traveling to and from public spaces. Overall illumination levels should be consistent with the lower -intensity development patterns and character of the SEQ, with lower, smoother levels of illumination (rather than hot -spots) and trespass minimized to the lowest level consistent with public safety. See above under SEQ-NR subdistrict analysis. D. Design Standards for Non -Residential Land Uses in the SEQ-VC Sub -District (1) Building Orientation. Non-residential buildings must be oriented to the principal public street on which the building has a faVade. Primary building entries must be oriented to and open onto a sidewalk or other public walkway providing access from the public street. Secondary building entries may open onto parking areas. (2) Building Facades (a) Building facades should be varied and articulated for pedestrian interest. (b) Street level windows and numerous shop entries are encouraged along the sidewalk. Blank or solid walls (without glazing) should not exceed thirty feet (30') in length at the street level. (c) Building entries should be emphasized with special architectural treatment. 25 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 (d) All buildings should have a well-defined 'base' with richer detail in the pedestrian's immediate view (i.e., textured materials, recessed entries, awnings, fenestration patterns) and a recognizable 'top' consisting of elements such as cornice treatments, roof overhangs with brackets, textured materials, stepped parapets. (e) Buildings should have hipped or gabled roofs or flat roofs with an articulated parapet. Mansard style roofs are discouraged. (f) Buildings in the SEQ-VC should employ "four-sided" design principles intended to ensure a high visual quality from any publicly -used vantage point. (3) Building Setbacks. New buildings with commercial uses must be built to a 'build - to line' established no less than fifteen feet (15') and no more than twenty feet (20') from the edge of the curb. The area between the building and the curb shall provide for convenient pedestrian access via sidewalk or recreation path; see Section 9.10(C)(1) above. Parking is prohibited between the building and the sidewalk. (4) Parking (a) Notwithstanding the provisions of Article 13 of these Regulations, each non- residential use shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in conformance with Section 13.1(N)(3).The Development Review Board may allow on -street parking within 500 linear feet of the nearest building line of the use to count towards the use's parking requirements. (b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking anywhere within the VC district, regardless of linear distance from the proposed use. The Board has previously indicated that buildings should be oriented toward "Rye Circle". The Board finds that the proposed building for commercial lot #1 complies with the design standard above, for the following reasons. Windows are numerous and no "blank walls" are shown. The building includes doors facing to the south as well as to the west towards "Rye Circle". The building's roofs comply with the standards. The building employs a "four-sided" design principle, and incorporates varied architectural features throughout. Lot 1 has a GSF of 5,000, which requires 15 parking spaces. The applicant proposes 14 spaces on the lot, with the understanding that this parking lot will be extended and shared with other commercial buildings. This represents a waiver of 6.7%. Given this future sharing and availability of on -street parking nearby, the Board finds this waiver request acceptable. 9.11 Supplemental Standards for Arterial and Collector Streets A. Setbacks. The minimum front setbacks from Dorset Street, Old Cross Road, Nowland Farm Road, Hinesburg Road, Swift Street, Swift Street Extension, and Old Cross Road Extension, shall be as set forth in Section 3.06(B) (1) and (2) of these Regulations. 26 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 B. Building Orientation along Arterial and Collector Streets. (1) New developments with frontage on Dorset Street, Old Cross Road/Nowland Farm Road, or Swift Street, or which have the potential to include frontage along Swift Street Extension or Old Cross Road Extension, shall maintain a setback of twenty feet (20') from the edge of the planned right-of-way. (2) New developments with frontage on Hinesburg Road shall maintain a setback of forty feet (40') from the edge of the planned right-of-way. (3) This setback area shall be attractively landscaped, with suitable street trees and fencing made of natural materials, in a manner that creates a defined edge to the development, without creating a visual "wall" or barrier. Acceptable alternatives for this treatment are shown in Figures 9-12 and 9-13. (4) A public sidewalk or recreation path planned in coordination with the South Burlington Recreation Path Committee shall be incorporated into the setback area. (5) The use of earthen berms of more than four feet (4') in height above the average pre -construction or finished grade of the setback area, shall not be permitted. Under no circumstances shall vegetation other than grasses and low -growing shrubs be planted along the slope or top of any berms or other land shaped areas. As noted above, and given the unique, site specific circumstances existing on this property, the Board finds acceptable the proposed waiver of the setback requirements of Section 9.11(B)(2) from 57 feet to 23 feet from the existing highway right of way for all lots adjacent to Hinesburg Road to be acceptable. The Board reviewed the sidewalk/recreation path requirement and finds it not needed as a recreation path is on the opposite side of the street in this location. OTHER Buffer Strip Section 3.06(1) Buffer Strip for Non -Residential Uses Adjacent to Residential District Boundaries. (1) Where a new non-residential use is adjacent to or within fifty (50) feet of the boundary of a residential district, or where an existing non-residential use, structure or parking area that is adjacent to or within fifty (50) feet of the boundary of a residential district is proposed to be expanded, altered or enlarged, the required side or rear setback shall be increased to sixty-five (65) feet. A strip not less than fifteen (15) feet wide within the sixty- five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not ordinarily be permitted within the fifteen (15) foot wide buffer area. The Board understands the applicant's concern that it is difficult or perhaps even impossible to have mixed use development, a goal of the district, while still meeting the 15 foot wooded buffer requirement, especially within such a narrow strip of land as provided in this commercial zoning district. With limitations for where parking may be located, along with a significant 27 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 setback requirement from Hinesburg Road, it is very difficult to meet the requirement for the buffer between zones while also providing a street and keeping parking to the rear of the lots. These are not large buildings, with footprints at or below 5,000 SF. In addition, the proposed project is designed as a mixed -use development with transitions incorporated as discussed above. The Board has previously discussed this item. Given the particular circumstances of this project, a mixed -use project in an area with a VC and NR subdistrict, the Board finds the waiver requested by the applicant acceptable. DECISION Motion by Bill Miller, seconded by Jennifer Smith to approve preliminary plat application #SD- 13-22 of Rye Associates, LLC subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 2. This project shall be completed as shown on the plat submitted by the applicant and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall obtain a zoning permit for the first building within six (6) months of this approval. The Development Review Board grants a period of five (5) years for approval of the multi -family buildings and the commercial building. At such time as the five years is reached and the applicant has not sought a zoning permit for any of these approved buildings, they shall be eligible, per Section 17.04 of the South Burlington Land Development Regulations, for one (1) extension to an approval if the application takes place before the approval has expired and if the Development Review Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Development Review Board may specify a period of time up to one (1) year for the extension. 4. Prior to the issuance of a zoning permit for the 22"d dwelling unit, the applicant shall record the document entitled, "Density Reduction Easement and Transfer of Development Rights" and a survey of the area from which the 31 transferable development rights have been severed as required under 24 V.S.A § 4423(b)(4), upon approval of the City Attorney in the South Burlington land records. 5. The applicant shall obtain a Certificate of Occupancy prior to use or occupancy of any of the buildings other than the single family homes. 6. The applicant shall submit legal documents confirming options to purchase the 31 additional development rights for review by the City Attorney prior to final plat approval. 7. The applicant shall receive preliminary wastewater allocations prior to final plat approval. 8. The applicant shall receive final wastewater allocations prior to issuance of any zoning permits. SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 9. The Board approves a one (1) space, 7.2% parking waiver for lot #8 for a total of 13 spaces provided. 10. The Board approves a one (1) space, 6.7% parking waiver for lot #1 for a total of 14 spaces provided. 11. The Board approves the document entitled, "Single Family Home Design Guidelines Rye Parcel Subdivision" prepared by Rabideau Architects which setforth the method by which the applicant will comply with the residential design guidelines. 12. The final plat submittal shall include information as to whether the specification "color as selected by architect" means that all four buildings will be of the same color or whether a variety of colors will be added. 13. The Board approves the following waivers: Appendix C Table C-2 Dimensional Standards A. Single Family Minimum Lot Size from 12,000 SF to 9,937 SF. - B. Single Family Max. Building Coverage from 15% to 20% for all lots. C. Single Family Max. Lot Coverage from 30% to 42% for Lot 7. D. Single Family Front Yard Setback from 20' to 10' (Cottage Units 6-1 & 6-2 off of Edgewood Drive). E. Single Family Rear Yard Setback from 30'to 20' (Cottage Units 7-2 thru 7-6). F. Multi -Family Max. Building Coverage from 15% to 28% for Lot 6. G. Multi -Family Max. Lot Coverage from 30% to 55% for Lot 6. H. Commercial Lot Coverage from 30% to 54% for all lots except for Lot 3 which shall be 63% 1. Commercial Building Coverage from 15% to 21 % for all lots except for Lot 3 which shall be 26% Other Waivers • a waiver from minimum radius of curves for local streets 14. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 15. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan shall meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. 16. Per section 12.03.F(1) of the City's Land Development Regulations, upon completion of the infrastructure, the applicant shall submit record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final grading, etc. 29 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 17. The final plat submittal should include strategies for clearer delineation of the rear lot lines of all properties that adjoin the wetland buffers; possibilities include a line of planted cedars, split rail fencing, or other physical barrier to lessen the likelihood of residential uses intruding into the more sensitive wetland buffers. 18. As a part of the final plat submittal, the applicant shall confirm with the Fire Chief that the issues raised in the Fire Chiefs August 13, 2013 letter to staff have been addressed satisfactorily, and that the design of "Cottage Circle" and any other changes, are acceptable. 19. There shall be no use of herbicides or pesticides, nor non -organic fertilizers, within the wetlands or associated 25 foot buffers. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 20. There shall be no mowing within 25 feet of the wetlands on the property. Brush -hogging shall be allowed no more than three (3) times per year. This shall be reflected in the association documents which shall be reviewed by the City Attorney prior to issuance of a zoning permit for the first building on the property. 21. Any stormwater permit required from the Vermont Department of Environmental Conservation (DEC) Stormwater Division shall be provided to the Administrative Officer prior to the issuance of the first zoning permit. 22. Any site- or plan -related details required by the Department of Public Works, as described in the findings (including but not limited to stormwater management infrastructure, identified access drive of appropriate width for purposes of maintaining the pump station and detention basin on lot #31, landscaping plans for the detention basin on lot #31, submission of record drawings showing pipe invert elevations, drainage structure rim elevation, pipe material, final grading, etc. 23. Prior to the issuance of the first zoning permit, the applicant shall submit final hydrologic modeling to the Department of Public Works so that this information can be incorporated into the City's watershed model for Potash Brook. 24. The applicant shall be responsible to regularly maintain all stormwater treatment and conveyance structures on -site. 25. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Development Review Board estimates that the 5,000 sq. ft. commercial building on commercial lot #1 will generate 7.45 vehicle trip ends during the P.M. peak hour. 26. The plans shall be revised to show the changes below prior to final plat submission: a. The final plat plans shall include street names approved by the Planning Commission. 30 SD_13_22_1075H inesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 b. The final plat plans shall show maintenance access drives to the detention basin on lot #31 and to the pump station at a width acceptable to the Public Works Director. c. The final plat plans shall include landscaping for the area around the detention basin on lot #31. cl. The final plat plans shall include landscaping sheets L-3 through L-5. e. The survey plats shall indicate that monuments will be set at the corners of all residential lots which abut the open space/park lot. f. The final plat plans shall be revised to Illustrate via crosshatch the limits of disturbance/excavation on existing city streets necessary for utility connections, matching curb radii, etc. g. The final plat plans shall indicate if on -street parking is proposed for Swift Street Extension. h. The final plat plans shall be revised to propose pedestrian -scaled light fixtures (e.g., 12' to 14'). 27. The final plat plans shall propose methods of delineating the boundaries between private residential and common lands, including options such as coniferous trees and/or split rail fence. 28. Prior to final plat submittal, the applicant shall confirm with the Recreation Department the installation of a volleyball court in the dry detention basin. 29. As a part of the final plat submittal, the applicant shall confirm with the Public Works Director that the design of "Cottage Circle", recently added to the plans, and any other changes, are acceptable. 30. The final plat submittal shall include E911 addresses for structures in the proposed project, in conformance with local ordinances and Vermont E911 addressing standards. 31. Prior to permit issuance, the applicant shall post landscaping bonds in the following amounts, for each element or "phase" of the project as described below. Each bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. Street trees: $94,592 Central open space: $12,436 Cottage units w/ garages: $28,776 Cottage units w/o garages: $25,335 Fourplex buildings: $52,519 Professional building: $16,784 32. Final plans shall be reviewed by the Fire Chief or his designee to insure that adequate fire protection can be provided, with the standards for evaluation including, but not limited to, minimum distance between structures, street width, vehicular access from two directions where possible, looping of water lines, water flow and pressure, and number and location of hydrants. 31 SD_13_22_1075HinesburgRoad_RyeAssociates_prelim_ffd_withoutMP.doc #SD-13-22 33. The applicant will be required to record a "Notice of Conditions" prior to recording the final plat plans indicating that for the purposes of the Land Development Regulations, all the footprint lots are recognized as individual lots. 34. The applicant shall propose other, additional methods of delineating these boundaries between private residential and common lands, including options such as coniferous trees and/or split rail fence. Tim Barritt— vea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — vea nay abstain not present Bill Miller— vea nay abstain not present David Parsons yea nay abstain not present Jennifer Smith — yea nay abstain not present Motion carried by a vote of 5 — 0 — 0 Signed this k day of MOIV-C 2014, by 2 Barritt, Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermonteudiciary.org/GTC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 32 SD_13_22_1075Hi nesburg Road_RyeAssociates_prelim_ffd_withoutM P.doc